US-CaliforniaWhat is the Homeowner Bill of Rights for foreclosure?
The California Homeowner Bill of Rights (HBOR) is a set of laws enacted in 2013 to protect homeowners facing foreclosure by requiring lenders to provide fair, transparent, and timely communication and prohibiting dual tracking.
What the Law Says
The Homeowner Bill of Rights (HBOR) is a collection of California Civil Code sections designed to prevent unfair foreclosure practices and ensure borrowers receive meaningful assistance and due process.
HBOR applies to first-lien residential mortgages on owner-occupied properties with 1–4 units. It went into effect on January 1, 2013, and was amended several times, most significantly in 2018.
Lenders must assign a single point of contact (SPOC) for borrowers seeking loss mitigation. The SPOC must be knowledgeable, authorized to communicate about options, and able to coordinate with all parties involved.
Dual tracking — where a lender pursues foreclosure while simultaneously reviewing a borrower’s complete loan modification application — is prohibited. A complete application stops most foreclosure steps until a decision is made and appeal rights are exhausted.
Before recording a notice of default, the lender must wait at least 120 days after the borrower’s first missed payment. Before a trustee’s sale, the borrower must receive a notice of sale at least 90 days in advance.
Statutory TextA mortgage servicer shall not record a notice of default until at least 120 days after the date of the borrower’s first missed payment.
— Cal. Civ. Code § 2923.52(a)(1) — Notice of Default Timing
Statutory TextA mortgage servicer shall not proceed with a trustee’s sale until at least 90 days after the date that the mortgage servicer provides the borrower with a notice of sale.
— Cal. Civ. Code § 2924.12(a)(1) — Notice of Sale Timing
Statutory TextA mortgage servicer shall designate a single point of contact … who has authority to negotiate and resolve issues related to loss mitigation.
— Cal. Civ. Code § 2923.7(a) — Single Point of Contact
What Courts Have Said
California courts have interpreted HBOR provisions strictly to enforce borrower protections, especially regarding dual tracking and procedural compliance.
The court held that a lender’s failure to comply with HBOR’s dual-tracking prohibition invalidated the foreclosure sale, even if the borrower had previously defaulted.
Although decided just before HBOR’s effective date, this case laid groundwork by recognizing that borrowers have enforceable rights to fair servicing — later codified in HBOR.
What to Do
Request your servicer’s Single Point of Contact in writing and keep a copy.
Submit a complete loan modification application as early as possible — it triggers dual-tracking protections.
If you receive a notice of default or notice of sale, verify the timing: 120 days after first missed payment, and 90 days before sale.
If you believe your servicer violated HBOR, file a complaint with the California Department of Financial Protection and Innovation (DFPI) or consult a housing counselor or attorney.
Act quickly — many HBOR claims must be raised before the foreclosure sale occurs to preserve remedies.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.